HomeMy WebLinkAboutSUNDANCE SPRINGS PARKS MODIFICATION
planning zoning subdivision review annexation historic preservation housing grant administration neighborhood
coordination
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
August 2, 2004
Steve Parks
233 Edelweiss Dr, Suite 9
Bozeman, MT 59718
Dear Steve:
The Planning Director has given final site plan approval to the revised Lot 90, Sundance Springs PUD. A
copy of the approved landscaping plan is included with this letter. As we discussed in earlier correspondence
and by phone, in order to ensure compliance when the actual installation of the materials happens, the
landowner needs to submit the final landscaping plan prior to actual installation showing the integration of
the covenant required landscaping with the landscaping required to meet the condition of approval imposed
by the City Commission. The layout and number of plants along with their species should be reviewed and
signed by a qualified landscape professional prior to submitting it to us.
Good luck with moving forward with this project.
Sincerely,
Chris Saunders
Associate Planner
c: Mark Chandler, C&H Engineering, 205 Edelweiss Drive, Bozeman MT 59718
file
Page 2
CITY COMMISSION STAFF REPORT
PARKS MODIFICATION TO THE SUNDANCE SPRINGS CUP/PUD FILE NO. #Z-
040148
#Z-04148 PARKS MOFIDICATION TO THE SUNDANCE SPRINGS CUP/PUD Staff Report 1
Item: Zoning Application #Z-04148, a Conditional Use Permit Application to
amend an existing Zoning Planned Unit Development to allow a
relaxation of a rear yard setback on Lot 90, Sundance Springs and
zoned "R-S" Residential-Suburban District.
Property Owner: Steve Parks
4010 Graf Street
Bozeman, MT 59715
Representative: Mark Chandler
C&H Engineering
205 Edelweiss Dr
Bozeman, MT 59718
Date: Before the Bozeman City Commission on Monday, July 19, 2004 at 7:00
p.m. in the Commission Meeting Room, City Hall, 411 East Main
Street, Bozeman, Montana.
Report By: Chris Saunders, Associate Planner
Recommendation: Conditional Approval of the PUD amendment
PROJECT LOCATION
The subject property is described as Lot 90, Sundance Springs, and is located at 4010 Graf Street. The site
is approximately 0.3 acres and is zoned “R-S,” Residential Suburban District. Please refer to the following
vicinity map.
#Z-04148 Parks Modifications to the Sundance Springs CUP/PUD Staff Report 2
PROPOSAL
The Conditional Use Permit application to amend the existing Sundance Springs Zoning Planned Unit
Development to allow a 14.35 foot rear setback on Lot 90. The lot setbacks for Residential Suburban lots
are established through the PUD process. The original Sundance Springs PUD established a 20 foot rear
yard setback.
ZONING DESIGNATION & LAND USES
The subject property is zoned “R-S,” Residential Suburban District. The intent of the “R-S” district is to
allow open space, resource protection and single-household development in circumstances where
environmental constraints limit the desirable density. The following land uses and zoning are adjacent to
the subject property:
North: Single-household residences in Sundance Springs, zoned “R-S” (Residential Suburban
District).
South: Single-household residences in Sundance Springs, zoned “R-S” (Residential Suburban
District).
East: Open space as part of the Sundance Springs PUD, zoned “R-S” (Residential Suburban
District).
West: Single-household residences in Sundance Springs, zoned “R-S” (Residential Suburban
District).
ADOPTED GROWTH POLICY DESIGNATION
The property is designated Residential. The Residential land use designation denotes areas where the
primary activity is urban density living quarters. However, in areas with strong constraints and natural
features lower density is appropriate. Development should be arranged with consideration given to the
existing character of adjacent development, natural constraints, and in a fashion to advance the overall goal
of the growth policy. The Sundance Springs development is within an area with such limitations and was
#Z-04148 Parks Modifications to the Sundance Springs CUP/PUD Staff Report 3
designed to avoid wetlands, floodplains, and other similar constraints. It is a larger lot development which is
of similar character to adjoining single household development located outside of the City.
REVIEW CRITERIA & FINDINGS
The City of Bozeman Planning Office has reviewed the application for a Site Plan against relevant chapters
of the Unified Development Ordinance (UDO), and as a result offers the following summary review
comments below. The proposed amendment does not affect the majority of the PUD review criteria. The
original PUD is still in affect which did address the review criteria. Therefore, unless the proposed change of
rear yard setback affects a particular item, a notation of “No change from the original PUD” is made. The
findings outlined in this report include comments and recommended conditions provided by the
Development Review Committee (DRC), and Design Review Board (DRB). All PUDs are reviewed against
the criteria for site plans, conditional use permits, and planned unit developments.
Section 18.34.090.A “Site Plan Review Criteria”
In considering applications for site plan approval under this title, the City Commission shall consider
the following:
1. Conformance to and consistency with the City’s adopted growth policy
The development proposal is in conformance with the “Residential” land use classification
in the Bozeman 2020 Community Plan. Since the original approval of the Sundance Springs
PUD the growth policy designation has changed. However, the original PUD is also in
compliance with the fundamental purpose and intentions of the current land use designation.
Specific goals related to the Bozeman 2020 Community Plan and relevant to this particular
application include the following:
Goal 1.6.3 Regulatory Mechanisms – Ensure that all ordinances and policies
undertaken by the City to implement the goals and objectives of this plan are
clear, concise, and are reviewed for adequacy and consistency with this plan at
least every five years.
Objective 1 – Ensure that development requirements and standards are efficiently
implemented, effective, and proportionate to the concerns being addressed. The use
of a PUD amendment to address the current concern of a rear yard encroachment
means that there is a proper procedural path to consider approval in a fashion that is
proportionate to the problem.
Goal 6.6.4 Natural Environment and Aesthetics- Ensure adequate review of
individual and cumulative environmental and aesthetic effects of development to
preserve the viewsheds, natural fuctions and beauty which are a fundamental
element of Bozeman’s character.
Objective 1 requires protection of “important wildlife habitats, and natural areas
which provide for beneficial functions, such as floodplains.” The a portion of the
intent of the 50 foot watercourse setback is to protect the natural environment
including the existing wildlife. The open space provided with the original PUD
#Z-04148 Parks Modifications to the Sundance Springs CUP/PUD Staff Report 4
provides habitat area adequate to the need. The relaxation does not appear to
conflict with standards adopted to protect natural resources.
Goal 8.14.1 Protect the public health, safety and welfare of Bozeman area
residents, and protect private and public property.
The depth of the ground water is a significant issue with this property and was a
substantial issue during the initial review of the Sundance Springs PUD. The City
Commission adopted a condition of approval with the subdivision plat requiring a
plat note identifying the possible restrictions for basements. The original plat review
also included groundwater monitoring, floodplain mapping, and similar investigation.
The proposed relaxation of the rear yard setback does not appear to intrude into any
area identified as having special hazards. The relaxation of the yard does not appear
to encroach into any identified flood plain.
Goal 8.14.2 Identify, protect and enhance natural resources within the planning
area and important ecological functions these resources provide.
Objective 1 states “retain and enhance the benefits wetlands provide such as
groundwater and stream recharge, fish and wildlife habitat, flood control, sediment
control, erosion control and water quality.” Objective 3 states “protect riparian
corridors to provide wildlife habitat and movement areas, and to buffer water
bodies.” The original Sundance Springs PUD provided for protection of these types
of areas and the proposed amendment does not interfere with that protection.
2. Conformance to this title, including the cessation of any current violations
The application under consideration is to cure a current illegal encroachment into a required
rear yard. No other violations have been identified and except as noted the development of
the site appears to be in conformance with Title 18, BMC.
The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
3. Conformance with all other applicable laws, ordinances, and regulations
The application appears to be in conformance.
4. Relationship of site plan elements to conditions both on and off the property
The home placed on Lot 90 appears to be designed and located on the property in a fashion
consistent with requirements of the PUD with the exception of the rear yard encroachment.
The overall PUD addressed these items.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
No change from the original PUD
#Z-04148 Parks Modifications to the Sundance Springs CUP/PUD Staff Report 5
6. Pedestrian and vehicular ingress and egress
No change from the original PUD
7. Landscaping, including the enhancement of buildings, the appearance of vehicular
use, open space, and pedestrian areas, and the preservation or replacement of natural
vegetation
No change from the original PUD. The PUD provided a landscaping plan which addressed
the common areas and provided standards for landscaping on each residential lot. The use of
resources to mitigate the encroachment by landscaping within any common areas must
comply with the landscaping plan for the common areas approved with the original PUD.
8. Open space
No change from the original PUD
9. Building location and height
No change from the original PUD
10. Setbacks
The minimum yard setbacks in the “R-S” zoning district and Sundance Springs residential
section were set during the initial PUD approval. As currently approved and described on
page 21 of the covenants these are:
25 foot front yard setback
20 foot rear yard
15 foot side yard
50 foot setback from any stream or pond
The requested relaxation on Lot 90 will reduce the rear yard setback, on that lot only, to
14.35 feet from the rear property line. If approved by the City Commission through the
PUD process this setback will be in compliance with all zoning requirements. This would
also remove the nonconforming status that currently is burdening the lot. The relaxation
does not appear to have a material impact on the any of the site character elements, open
space appearance or usability, public/private interactions such as driveways, or other public
concerns. The landowner has met with the homeowners association and has reached
agreement with them regarding the encroachment and mitigation. A copy of the letter from
the homeowners association is included as an attachment to this report. If this relaxation is
approved, the covenants will need to be revised to reflect the approval.
11. Lighting
No change from the original PUD
#Z-04148 Parks Modifications to the Sundance Springs CUP/PUD Staff Report 6
12. Provisions for utilities, including efficient public services and facilities
No change from the original PUD
13. Site surface drainage
No change from the original PUD
14. Loading and unloading areas
Not applicable.
15. Grading
No change from the original PUD
16. Signage
No change from the original PUD
17. Screening
No change from the original PUD
18. Overlay district provisions
Not applicable
19. Other related matters, including relevant comment from affected parties
No comment has been received as of the writing of this report.
20. If the development includes multiple lots that are interdependent for circulation or
other means of addressing requirement of this title, whether the lots are either:
a. Configured so that the sale of individual lots will not alter the approved
configuration or use of the property or cause the development to become
nonconforming;
b. The subject of reciprocal and perpetual easements or other agreements to which
the City is a party so that the sale of individual lots will not cause one or more
elements of the development to become nonconforming.
Not applicable.
Section 18.34.100 “City Commission Consideration and Findings for Conditional Use
Permits”
In addition to the review criteria outlined above, the City Commission shall, in approving a
conditional use permit, find favorably as follows:
#Z-04148 Parks Modifications to the Sundance Springs CUP/PUD Staff Report 7
1. That the site for the proposed use is adequate in size and topography to accommodate
such use, and all yards, spaces, walls and fences, parking, loading and landscaping are
adequate to properly relate such use with the land and uses in the vicinity.
The subject property is 0.3 acres. The use of the property for a single home leaves room for the
other activities such as landscaping. Fences and similar activities are controlled by both the
Unified Development Ordinance, and more strictly, by the approved covenants. The relaxed
yard area appears to be acceptable in the particular circumstances of this application.
2. That the proposed use will have no material adverse effect upon the abutting property.
Persons objecting to the recommendations of review bodies carry the burden of proof.
No change from the original PUD
3. That any additional conditions stated in the approval are deemed necessary to protect
the public health, safety and general welfare. Such conditions may include, but are not
limited to:
No change from the original PUD
Section 18.36.090 “Planned Unit Development Design Objectives and Criteria”
In addition to the review criteria outlined for site plan and conditional use permit review, the City
Commission shall, in approving a planned unite development, find favorably as follows:
a. All Development. All land uses within a proposed planned unit development shall be
reviewed against, and comply with, the applicable objectives and criteria of the
mandatory “All Development” group.
1. Does the development comply with all City design standards, requirements and
specifications for the following services: water supply, trails/walks/bike ways,
sanitary supply, irrigation companies, fire protection, electricity, flood hazard areas,
natural gas, telephone, storm drainage, cable television, and streets?
No change from the original PUD
2. Does the project preserve or replace existing natural vegetation?
No change from the original PUD
3. Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) designed and arranged to produce an efficient, functionally
organized and cohesive planned unit development?
No change from the original PUD.
4. Does the design and arrangement of elements of the site plan (e.g. building
construction, orientation, and placement; transportation networks; selection and
#Z-04148 Parks Modifications to the Sundance Springs CUP/PUD Staff Report 8
placement of landscape materials; and/or use of renewable energy sources; etc.)
contribute to the overall reduction of energy use by the project?
No change from the original PUD.
5. Are the elements of the site plan (e.g. buildings, circulation, open space and
landscaping, etc.) designed and arranged to maximize the privacy by the residents of
the project?
No change from the original PUD.
6. Park Land. Does the design and arrangement of buildings and open space areas
contribute to the overall aesthetic quality of the site configuration, and has the area
of park land or open space been provided for each proposed dwelling as required by
Section 18.50.020, BMC?
The open space requirement for this development was met with the original PUD. This
application does not trigger any requirement for additional park land or open space.
7. Performance. All PUDs shall earn at least twenty performance points. Nonresidential
developments within the North 19th Avenue/Oak Street corridor shall earn thirty
points. Points may be earned in any combination of the following. The applicant
shall select the combination of methods but the City may require documentation of
performance, modifications to the configuration of open space, or other assurances
that the options selected shall perform adequately.
(a) Provision of affordable housing: Two points for each percent of constructed
dwellings in the residential development; OR – One point for each constructed
dwelling or lot donated to the City;
(b) Additional open space: One point for each percent of the project area that is
provided as non-public open space; or one and one quarter points for each
percent of the project area that is provided as publicly accessible open space.
No change from the original PUD.
8. Is the development being properly integrated into development and circulation
patterns of adjacent and nearby neighborhoods so that this development will not
become an isolated “pad” to adjoining development?
No change from the original PUD.
b. Residential. Planned unit developments in residential areas (R-S, R-1, R-2, R-3, R-4,
RMH and R-O zoning districts) may include a variety of housing types designed to
enhance the natural environmental, conserve energy, recognize, and to the maximum
extent possible, preserve and promote the unique character of neighborhoods, with
provisions for a mix of limited commercial development.
1. On a net acreage basis, is the average residential density in the project (calculated for
residential portion of the site only) consistent with the development densities set
forth in the land use guidelines of the Bozeman growth policy?
#Z-04148 Parks Modifications to the Sundance Springs CUP/PUD Staff Report 9
No change from the original PUD.
2. Does the project provide for private outdoor areas (e.g., private yards, patios and
balconies, etc.) for use by the residents and employees of the project which are
sufficient in size and have adequate light, sun, ventilation, privacy and convenient
access to the household or commercial units they are intended to serve?
The overall PUD is unaffected by this application. Lot 90 will have a smaller rear yard. As
the lot is adjacent to a large open space area there will still be adequate light, sun, etc.
3. Does the project provide for outdoor areas for use by persons living and working in
the development for active or passive recreational activities?
No change from the original PUD.
4. If the project is proposing a residential density bonus as described below, does it
include a variety of housing types and styles designed to address community wide
issues of affordability and diversity of housing stock?
No change from the original PUD.
5. Is the overall project designed to enhance the natural environment, conserve energy
and to provide efficient public services and facilities?
No change from the original PUD.
6. Residential Density Bonus. If the project is proposing a residential density bonus (30
percent maximum) above the residential density of the zoning district within which
the project is located and which is set forth in Chapter 18.16, BMC, does the
proposed project exceed the established regulatory design standards (such as for
setbacks, off-street parking, open space, etc.) and ensure compatibility with adjacent
neighborhood development?
Not applicable. No change from the original PUD.
7. Limited Commercial. If limited commercial development, as defined above, is
proposed within the project, is less than 20 percent of the gross area of the PUD
designated to be used for offices or neighborhood service activities not ordinarily
allowed in the particular residential zoning district?
No change from the original PUD
.
8. Does the overall PUD recognize and, to the maximum extent possible, preserve and
promote the unique character of neighborhoods in the surrounding area?
No change from the original PUD.
#Z-04148 Parks Modifications to the Sundance Springs CUP/PUD Staff Report 10
RECOMMENDED CONDITIONS OF APPROVAL
Based on the following analysis, the Planning Staff, find that the application, with conditions, is in general
compliance with the adopted Growth Policy and the City of Bozeman Unified Development Ordinance.
The following conditions of approval are recommended:
1. Any additional landscaping within the common open areas of the PUD shall conform with the
originally approved landscaping plan for the Sundance Springs PUD.
2. The covenants shall be modified to reflect the reduced setback allowed for Lot 90. The changes in
wording shall only apply to Lot 90.
CONCLUSION/RECOMMENDATION
The DRC and DRB have reviewed the Planned Unit Development application to amend the Sundance
Springs PUD to allow a 14.35 foot rear yard setback on Lot 90, Sundance Springs subdivision, and as a
result recommend to the City Commission conditional approval of said application with the conditions and
code provisions outlined above. The applicant must comply with all provisions of the Bozeman Unified
Development Ordinance, which are applicable to this project prior to receiving Final Site Plan approval.
The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as
conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements
of the Bozeman Municipal Code or state law.
Attachments: Applicant’s Submittal Materials
DRB Staff Memo and Minutes
Report Sent To: C&H Engineering, 205 Edelweiss Dr, Bozeman, MT 59718
Steve Parks, 4010 Graf Street, Bozeman, MT 59715